A High Court jury yesterday awarded €11,000 damages to a Dublin man after finding two gardai had used more force than reasonably necessary when arresting him during an incident on O'Connell Street three years ago.However, the jury rejected Mr John Malone's claims that the two gardaí were not justified in arresting him at the time.
They found the gardaí were entitled to arrest Mr Malone and detain him for some hours at Store Street Garda station. They also decided both gardaí had not initiated a malicious prosecution of Mr Malone.
They held Mr Malone was not entitled to punitive or aggravated damages as a result of the incident.
Mr Malone, Coultry Drive, Ballymun, had claimed he was beaten and unlawfully arrested by gardaí after he intervened as a "Good Samaritan" in an attack on a doorman on O'Connell Street in the capital on February 4th, 2000.
In his proceedings against the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General, Mr Malone sought damages, including aggravated and punitive damages, for alleged unlawful arrest, false imprisonment, assault and malicious prosecution arising from the incident.
The defendants had denied the claims and argued that if Mr Malone did suffer the alleged injuries, loss or damage, they were caused or contributed to by his own conduct.
The jury found the two gardaí had used more force than was reasonably necessary to effect Mr Malone's arrest and awarded him €11,000 damages.
However, they went on to find that both gardaí were justified in arresting him and detaining him until about 5.20 a.m.
They also held both gardaí had not initiated a malicious prosecution of Mr Malone and that he was not entitled either to aggravated or punitive damages.
Mr Justice O'Neill discharged the jury and adjourned the issue of costs to July 25th.
A computer supervisor, Mr Malone had claimed he and two friends left a bar at 2 a.m. on February 4th, 2000.
Mr Malone claimed he had noticed a dispute between a doorman and another man, who was joined by two others.
The doorman was being punched and kicked and Mr Malone said he had gone to try and help the doorman.
He said he managed to pull off one of the men and tried to drag off a second whom he pushed to the ground. Mr Malone attempted to hold that man with one leg on either side and "straddled" him.
It was claimed a Garda squad car arrived and Mr Malone got up from the person he had been "straddling".
It was claimed a garda had his baton drawn and when Mr Malone ran in his direction, the garda swung the baton down on Mr Malone who stumbled on the kerb.
He claimed two gardaí caught him and bundled him into the car and struck him with batons.
An ambulance arrived and Mr Malone's head wound was treated. He was then put into a Garda van and taken to Store Street Garda station from where he was released at about 5 a.m. He had to get four or five stitches for his head injury and still had a scar.
Mr Malone was later charged with two public order offences as well as obstructing a garda and assaulting a garda.
After six court appearances, he got a letter in June 2001 to say the charges were dropped.